City Council Resolution 2014-57CITY OF MONTICELLO
WRIGHT COUNTY, MINNESOTA
RESOLUTION NO. 2014-057
APPROVING A PRELIMINARY AND FINAL PLAT AND DEVELOPMENT
AGREEMENT FOR CEDAR STREET ADDITION, A COMMERCIAL
SUBDIVISION IN A B -3 (HIGHWAY BUSINESS) AND B -4 (REGIONAL BUSINESS)
DISTRICT AND APPROVING A CONDITIONAL USE PERMIT FOR CROSS
ACCESS BETWEEN TWO ADJOINING BUSINESS PARCELS IN A B -3 HIGHWAY
BUSINESS DISTRICT
WHEREAS, Oppidan Inc., on behalf of Goodwill Easter Seals of Minnesota, has submitted
an application for preliminary and final plat approval and a conditional use permit for cross
access/ parking between adjoining business properties; and
WHEREAS, the preliminary and final plat will meet design standards and other provisions
outlined in Title XI, the Monticello Subdivision Ordinance subject to conditions enumerated
below; and
WHEREAS, Retail Commercial Uses are permitted in the B -3 Highway Business District,
the underlying zoning of the parcel; and
WHEREAS, Chapter 4, Section 4.8, Subsection G.(2)(iv.) provides for cross access /parking
between adjoining business properties and the proposal meets the criteria outlined in the city
code to provide for such use subject to the conditions enumerated below; and
WHEREAS, the Planning Commission held a public hearing on May 6th, 2014 on the
application and the applicant and members of the public were provided the opportunity to
present information to the Planning Commission; and
WHEREAS, the Planning Commission has considered all of the comments and the staff
report, which are incorporated by reference into the resolution; and
WHEREAS, the Planning Commission of the City of Monticello makes the following
Findings of Fact in relation to the recommendation of approval of the preliminary and final
plat and conditional use permit:
1. The preliminary and final plat creates a parcel suitable for commercial development
in a B -3 Highway Business district in accordance with Title IX, Monticello
Subdivision Ordinance.
2. The proposed use of the site for Retail Commercial Uses is a permitted use in the B -3
Highway Business Zoning District.
3. The zoning ordinance provides for cross access /parking between adjoining business
properties and such an arrangement in this location will reduce the number of access
drives on Cedar Street enhancing traffic safety and facilitate vehicular circulation on
the commercial properties.
4. Cross access /parking at this location meets all required conditional use permit
evaluation criteria as outlined in Section 2.4(D)(4)(a) such that:
a. The proposed use is consistent with the existing and future land uses in the
area and will not diminish property values or be detrimental to the health,
safety and welfare of persons in the area.
b. The proposed use is consistent with the improvements and requirements for
such uses in the applicable zoning district and sufficient infrastructure exists
or is proposed to accommodate the use such as utilities and parking and
loading facilities.
c. The proposed use can reasonably occupy the subject property without
negative impacts on surround properties or public facilities.
5. The cross access /parking proposal is subject to additional conditions as outlined in
Chapter 4, Section 4.8, Subsection G.(2)(iv.) and shall meet those conditions as
enumerated below.
WHEREAS, after taking public comment, the Planning Commission recommended approval
of the conditional use permit and preliminary and final plat of the Cedar Street Addition to
the City Council per Resolution 2014 -048; and
WHEREAS, the Monticello City Council reviewed the recommendation of the Planning
Commission on May 27th, 2014;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELL 0,
MINNESOTA, the preliminary and final plat of the Cedar Street Addition, with drainage and
utility easements as required, is hereby approved contingent upon meeting all conditions of
the subdivision ordinance; and the following conditions:
1. The final plat must show required drainage and utility easements around the perimeter
of the parcel and such easements shall be dedicated to the city.
2. The final plat shall include the platting of the full right -of -way for Cedar Street.
3. The final plat shall include an easement through Outlot A for Dundas Road.
4. The proposed utility, grading, drainage, and erosion control plans are subject to
review and comment by the City Engineer. The applicant shall comply with all
recommendations of the City Engineer as provided in the comment letter dated May
1St, 2014.
5. The applicant shall execute a development agreement covering the terms of the City's
Plat and CUP approval.
6. A sidewalk connection must be installed between the northeast drive access and north
property line.
7. A trail connection must be provided from the parking lot to the trail along TH 25.
8. Additional landscaping must be provided at the southeast corner of the property to
ensure sufficient screening of the loading area,
9. All landscaped areas must be irrigated.
10. The applicant must obtain approval from easement holders for all proposed tree and
shrub plantings in easement areas.
11. The northeast driveway must be realigned per engineer's requirements; if parking
spaces are removed as a result, a proof of parking area should be designated on the
site.
12. Encroachment agreements must be filed with the city for all areas where drive aisles
encroach on drainage and utility easements.
13. Future curb cut access locations between the parcel in question and the adjoining
property to the north shall be subject to review and approval by the city.
14. Developer shall enter into a shared access and maintenance agreement with the
adjoining property owner to the north to be recorded against both parcels if at such
time the parcel to the north is developed and requires two access points from Cedar
Street, unless alternative access plans are otherwise approved by the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MONTICELLO,
MINNESOTA, the Conditional Use Permit for Cross Access /Parking is hereby approved
contingent upon meeting all conditions of the subdivision ordinance; and the following
conditions:
1. A sidewalk connection must be installed between the northeast drive access and north
property line.
2. A trail connection must be provided from the parking lot to the trail along TH 25.
3. Additional landscaping must be provided at the southeast corner of the property to
ensure sufficient screening of the loading area.
4. All landscaped areas must be irrigated.
5. The applicant must obtain approval from easement holders for all proposed tree and
shrub plantings in easement areas.
6. The northeast driveway must be realigned per engineer's requirements; if parking
spaces are removed as a result, a proof of parking area should be designated on the
site.
7. Encroachment agreements must be filed with the city for all areas where drive aisles
encroach on drainage and utility easements.
8. Future curb cut access locations between the parcel in question and the adjoining
property to the north shall be subject to review and approval by the city.
9. Developer shall enter into a shared access and maintenance agreement with the
adjoining property owner to the north to be recorded against both parcels if at such
time the parcel to the north is developed and requires two access points from Cedar
Street, unless alternative access plans are otherwise approved by the City.
BE IT FURTHER RESOL VED BY THE CITY COUNCIL OF MONTICELL0,
MINNESOTA, that the document titled "Development Contract and Conditional Use
Permit," with assignment of the specific terms and conditions for public improvements and
the specific terms and conditions for plat development, is hereby approved.
ADOPTED BY the Monticello City Council this 27th day of May, 2014.
CITE' OF MONTICELLO
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Clint Herbst, Mayor
ATTEST:
Jeff 1, City Administrator